Legal Question in Family Law in Hawaii

alimony

what are the requirements for alimony


Asked on 3/25/07, 10:37 pm

1 Answer from Attorneys

Mary Milek Milek Law Firm

Re: alimony

Alimony is at the discretion of the Chancellor. The following is from a page on my website:

http://www.mileklaw.com/alimony.html

In Armstrong v. Armstrong, 618 So. 2d 1278, 1280 (Miss. 1993), the Mississippi Supreme Court outlined twelve factors that must be considered by a chancellor in arriving at findings and entering a judgment for alimony. These factors are:

1. the income and expenses of the parties;

2. the health and earning capacity of the parties;

3. the needs of each party;

4. the obligations and assets of each party;

5. the length of the marriage;

6. the presence and absence of minor children in the home, which may require that one or both of the parties either pay, or personally provide child care;

7. the age of the parties;

8. the standard of living of the parties, both during the marriage and at the time of the support determination;

9. the tax consequences of the spousal support order;

10. any fault or misconduct;

11. wasteful dissipation of the assets by either party;

12. any other factor deemed by the court to be "just and equitable" in connection with the setting of spousal support.

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Answered on 3/27/07, 11:17 am


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